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Article 370: Temporary provisions with respect to the…

Constitution of India

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370

Temporary provisions with respect to the State of Jammu and Kashmir (special provisions no longer operative)

Amendment & Miscellaneous

📜 Official Text

This article originally limited Parliament's law-making power over Jammu and Kashmir to matters covered by the State's Instrument of Accession (plus other matters the State Government concurred to), required the State Government's consultation/concurrence for most other constitutional provisions to apply there, and gave the State's own Constituent Assembly a role in these decisions. Clause (3) allowed the President to declare the article inoperative by public notification, following the State Constituent Assembly's recommendation.

💡 In Simple Words

This was, for nearly 70 years, one of the most politically significant and debated articles in India's Constitution - giving Jammu and Kashmir a distinct form of autonomy within the Indian union, with its own separate state constitution and limits on which Union laws automatically applied there. On 5 August 2019, the President issued Order C.O. 273, exercising Article 370(1)'s own power to declare that the entire Constitution of India now applies to Jammu and Kashmir without exception - effectively ending the special status this article had provided. Parliament then passed the Jammu and Kashmir Reorganisation Act, 2019, splitting the former state into two Union Territories (Jammu and Kashmir, and Ladakh). The Supreme Court, in a 5-judge Constitution Bench ruling on 11 December 2023 (In Re: Article 370), upheld the constitutional validity of this entire process. Article 370's text remains printed in the Constitution, but its special autonomy provisions are no longer operative today.

🧭 Real-World Example

This is why Jammu and Kashmir no longer has its own separate state constitution or the distinct autonomy Article 370 once provided - since August 2019, it is governed as two Union Territories under the same constitutional framework that applies to the rest of India, a change the Supreme Court has confirmed is constitutionally valid.

#Jammu and Kashmir#abrogated#2019#Supreme Court ruling

← 369Temporary power to Parliament to make laws with respect to certain matters in the State List as if they were matters in the Concurrent List 371 →Special provision with respect to the States of Maharashtra and Gujarat